LEA 102

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Course Description
This study covers the concept of globalization, different transnational crimes, it nature and
effects as well as the organization of the law enforcement set-up in the Philippines and its
comparison of selected police models and their relation with Interpol and UN bodies in the
campaign against transnational crimes and in the promotion of world peace.

Introduction to Comparative Policing

Comparative
- denotes the degree or grade by which a person, thing, or other entity has a
property or quality greater or less in extent than that of another.

Police
- a police service is a public force empowered to enforce the law and to
ensure public and social order through the legitimized use of force.
- the word comes via French Policier, from Latin politia
("civil administration"),
“Police is the public and the public is the police” - Sir Robert Peel.

System
- combination of parts in a whole; orderly arrangement according to some
common law; collection of rules and principles in science or art; method of transacting
business (Webster).
- a combination of related elements that is functioning as a whole in order to
achieve a single goal or objective.

Comparative Police System

- process of outlining the similarities and differences of one police system to
another in order to discover insights in the field of international policing.
- it is the science and art of investigating and comparing the police system of
nations.
- it covers the study of police organizations, trainings and method of policing of
various nations.

Why we compare?
a. Crime has become a global phenomenon.
b. Transnational crimes cross borders and the need for bilateral
international cooperation become imperative.

Types of Comparative Research

a. Safari Method – researcher visits another method.

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b. Collaborative Method – researcher communicates with foreign researcher.

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Theories in Policing System

Home Rule Theory Continental Theory

Policemen Are Servants of the Policemen are servant of higher
community. authority.

Effectiveness of policemen depends on the They just follow the wishes of top
express wishes of the people. official of the government.

Continental/ Old Policing Modern System

The yardstick of the efficiency of the The yardstick of police efficiency is the
police is determined by the number of arrest. absence or lesser occurrence of crimes.

Punishment is the sole instrument of crime Police omnipresence is considered as the

control. tool or instrument in crime prevention.

Three Styles of Policing

1. Legalistic
- it emphasizes on helping the community, as opposed to enforcing the
law.
2. Watchman
- it emphasizes on informal means of resolving disputes.
3. Service
- it emphasizes the use of threats or actual arrests to solve disputes.

Theories of Comparative Policing

1. Alertness to crime theory

- is that as a nation develops, people’s alertness to crime is heightened. They
report more crime to police and demand the police to become more effective in solving
crime problems.

2. Economic or migration theory

- is that crime everywhere is the result of under strained migration and
overpopulation in urban areas such as ghettos and slums.

3. Opportunity theory
- is that long with higher standards of living, victims become more careless of
their belongings, and opportunities for committing crime multiply.

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4. Demographic theory
- is based on the event when a greater number of children are being born. As
these baby booms grow up, delinquent subcultures develop out of the adolescent
identity crisis.

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 5. Modernization theory
- sees the problem as society becoming too complex.
6. Deprivation theory
- holds that progress comes along with rising expectations. People at the bottom
develop unrealistic expectations while people at the top don’t see themselves rising fast
enough.

7. Theory of anomie and synomie

- (the latter being term referring to social cohesion on values), suggest that
progressive lifestyles and norms results in the disintegration of older norms that once
held people together.

Types of Societies in the World

1. Folk- Communal Societies – (Primitive Societies)

- Has little codification of law, no specialization among police.
- System of punishment: harsh and barbaric.
- Examples: Roman Gentiles; African; and Middle Eastern Tribes.

2. Urban- Commercial Societies

- Has civil law; and Special Police Force
- System of punishment: inconsistent either harsh or lenient.
- Example: Continental Europe.

3. Urban- Industrial Societies

- Has codified laws; without government interference.
- Specialized Police forces
- England and the U.S

4. Bureaucratic Societies – (Modern Post-Industrial Societies)

- Given emphasis on technologizing of everything with the government.
- Has a system of laws
- Police tend to keep busy in handling political crime and terrorism and a system
of punishment characterized by over criminalization and overcrowding.
- U.S and other Nations.

Types of Criminal Justice System in the World (Legal Traditions in the

World)
1. Common law systems – (Anglo- American Justice)
- Exist in most English-speaking countries in the world (U.S.; England;
Australia; and New Zealand.
- Strong Adversarial System (the accused is innocent until proven guilty)

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 - Primarily rely upon oral system of evidence in which the public trial is a
main focal point.
(Anglo-American - An American who was born in Britain or one whose ancestors
were British)

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 2. Civil law systems – (Continental justice or Romano-Germanic justice)
- Exist mostly in European countries such as Sweden; Germany; France; and
Japan.
- Distinguished by strong inquisitorial system (the accused is guilty until
proven innocent).
- The written is law is taken as gospel and subject to little interpretation.
- Founded on the basis of natural law in respect for tradition and custom.
- Always opposed to the common law notion that nobody is above the law.

3. Socialist systems – (Marxist-Leninist Justice)

- Exist mostly in Africa and Asia and other Countries.
- Distinguished by procedures designed to rehabilitate or retrain people into
fulfilling their responsibilities to the state. (ultimate expression of positive law).
- Primarily characterized by administrative law.

4. Islamic systems – (Muslim or Arabic Justice)

- Derive all their procedures and practices from interpretation of the Koran.
- Characterized by the absence of positive law.
- Given always an important emphasis on the Religion.

Police System vs. Criminal Justice System

- With theses influences of societal system, Police System and Criminal Justice
Systems around the world varies depending on the kind of legal system. With the
exceptions of Japan and the Common law notions, few countries hold their police
officers accountable for violations of civil rights.
- In Socialist and Islamic countries, the police hold enormous political and
religious powers. In fact, in such places, crime is always seen as political crime or co-
occurring religious problem.

Comparative Court System

1. Inquisitorial
- is a system where the detection and prosecution of offenders are not left to the
initiative of private parties, but to the officials and agents of the law. Resort to use of
secret inquiry to discover the culprit; violence and torture are often employed to extract
confessions. The judge is not limited to the evidence brought before him, but could
proceed with his own inquiry, which was not confrontative.
- the accused is guilty until proven innocent.

2. Accusatorial (Adversarial)
- is a system where the accusation is exercised by every citizen or by a member
of the group to which the injured party belongs. As the action is a combat

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between the parties, the supposed offender has the right to be confronted by his accuser.
A magistrate who renders a verdict is judges, the battle in the form of public trial.
The essence of the accusatorial system is the right to be presumed innocent. To defeat
this presumption, the prosecution must establish proof of guilt beyond reasonable doubt
(moral certainty).
- the accused is innocent until proven guilty.

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Note:
The judicial set up in the Philippines is accusatorial or adversarial in nature. It
contemplates two contending parties before the court, which hears them impartially
and renders judgment only after trial.

Types of Police system

1. Decentralized Law Enforcement

- refers to a system where police administrations and operations are independent
from one state to another. It is more applicable to countries with federal government
- police agency is the exclusive responsibility of the gov’t. of the state or
provinces.
-e.g. India, Pakistan, US.

2. Centralized Policing System

- simply means one police force operating in a country.
- one police agency which has unlimited jurisdiction throughout the country.
- e.g. Chile, Indonesia, Kenya, Malaysia, Papua New Guinea, Thailand,
Uganda

EFFECTS OF GLOBALIZATION TO POLICE SERVICE

Globalization
- It is the growing interpenetration of states, markets, communications and
ideas.
- It is a process of interaction and integration among the people,
companies, and governments of different nations, a process driven by international trade
and investment and aided by information technology.
- This process has effects on the environment, on culture, on political systems,
on economic development and prosperity, and on human physical well- being in
societies around the world.
- It is a package of transnational flow of people, production, investment,
information, ideas, and identity (Garcia, M.).
- Is a term used to describe the changes in societies and the world economy that
are the result of dramatically increased trade and cultural exchange. In specifically
economic contexts, it refers almost exclusively to the effects of trade, particularly trade
liberalization or “free trade”.

Globalization in the Philippines

1. The country is taking part in the process of globalization ever since the country signed

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 agreements with World Trade Organization in 1995.
2. Now, globalization is very effective in the Philippines, it has allowed major changes in
the nation like more labor, and more Filipino and foreign companies has emerged in the
nation in order to help the country’s developing economy.

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Advantages of Globalization

1. Peaceful Relations
- Most of the countries have resorted to trade relations with each other in order
to boost their economy, leaving behind any bitter part experiences if any.

2. Employment
- Considered as one of the most crucial advantages, globalization has led to the
generation of numerous employment opportunities. Companies are moving toward the
developing countries to acquire labor force.

3. Eduction
- A very critical advantage that has aided the population is the spread of
education. With numerous educational institutions around the globe, one can move out
from the home country for better opportunities elsewhere.

4. Product Quality
- The product quality has been enhanced so as to retain the customers. Today the
customers may compromise with the price range but not with the quality of the product.
Low or poor quality can adversely affect consumer satisfaction.

5. Cheaper Prices
- Globalization has brought in fierce competition in the market.

6. Communication
- Every single information is easily accessible from almost every corner of the
world. Circulation of information is no longer a tedious (lack of interest) task, and can
happen in seconds. The internet has significantly affected the global economy, thereby
providing direct access to information and products.

7. Transportation
- Considered as the wheel of every business organization, connectivity to various
parts of the world is no more a serious problem. Today with various modes of
transportation available, one can conveniently deliver the products to a customer located
at any part of the world.

8. GDP Increase (GDP - The measure of an economy adopted by the United States in
1991; the total market values of goods and services produced by workers and capital
within a nation's borders during a given period (usually 1 year))
- Gross Domestic Product, commonly known as GDP, is the money value of the
final goods and services produced within the domestic territory of the country during an
accounting year.

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9. Free Trade
- Is a policy in which a country does not levy taxes, duties, subsidies or quota on
the import/export of goods or services from other countries. There are

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countries which have resolved to free trade in specific regions. This allows consumers to
buy goods and services, comparatively at lower cost.
10. Travel and Tourism
- Globalization has promoted tourism to great heights. International trade among
different countries also helps in increasing the number of tourist that visit different
places around the world.

11. External Borrowing

- With the help of globalization, there is opportunity for corporate, national, and
sub-national borrowers to have better access to external commercial borrowing and
syndicated loans.

Disadvantages of Globalization
1. Health Issues
- Globalization has given rise to more health risks and presents new
threats and challenges for epidemics.
- The dawn of HIV/AIDS. Having its origin in the wilderness of Africa, the
virus has spread like wildfire throughout the globe in no time.
- Food items are also transported to various countries, and this is a matter of
concern, especially in case of perishable items.

2. Loss of Culture
- With large number of people moving into and out of a country, the culture
takes a backseat. People may adapt to the culture of the resident country. They tend to
follow the foreign culture more, forgetting their own roots. This can give rise to cultural
conflicts.

3. Uneven Wealth Distribution

- It is said that the rich are getting richer while the poor are getting poorer.
In the real sense, globalization has not been able to reduce poverty.

4. Environment Degradation
- The industrial revolution has changed the outlook of the economy. Industries
are using natural resources by means of mining drilling, etc. which puts a burden on the
environment.

5. Disparity (Inequality)
- Though globalization has opened new avenues like wider markets and
employment, there still exist a disparity in the development of the economies. Structural
unemployment owes to the disparity created. Developed countries are moving their
factories to foreign countries where labor is cheaply available.

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6. Conflicts
- It has given rise to terrorism and other forms of violence. Such acts not only
cause loss of human life but also huge economic losses.

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 7. Cut-throat Competition
- Opening the doors of international trade has given birth to intense
competition. This has affected the local markets dramatically. The local players thereby
suffer huge losses as they lack the potential to advertise or export their products on a
large scale. Therefore, the domestic markets shrink.

Effects of Globalization to Law Enforcement

1. The facilitation of transnational crimes and criminals can be easily achieved.

2. There is a need for transnational policing. The cooperation among police organizations
in the world is vital.
3. Training instructions for incoming law enforcement officers must include advance
computer to prepare them as cyber cops so they can be better prepared to deal with
cyber-crimes.
4. Development of new strategies to deal with international organized crimes is a must.
5. Provisions of law enforcement with updated legislation related to modernization
theories of crime.

Threats of Globalization on Law Enforcement

1. Increasing volume of human rights violation evident by genocide or mass killing.

2. The underprivileged gain unfair access to global mechanisms on law enforcement
and security.
3. Conflict between nations.
4. Transnational criminal networks for drug trafficking, money laundering, terrorism,
etc.

Effects of Globalization on Human Rights

1. The effect of globalization on the state-based human rights violations will depend on the
type of state and its history.
2. In general, analysts of globalization find that states international integration improves
security rights, but increases inequality and threatens the social rights and citizens.
3. Findings on the effectiveness of the international pressure on state human rights policy
suggests that target must be structurally accessible, internationally sensitive, and contain
local human rights activists for linkage.

Opportunities for Law Enforcement

- While globalization brings the threats and many other threats to law enforcement,
opportunities like the following are carried:
1. Creation of International tribunals to deal with human rights problems.

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2. Humanitarian interventions that can promote universal norms and link them to the
enforcement power of states.
3. Transnational professional network and cooperation against transnational crimes.

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4. Global groups for conflict monitoring and coalitions across transnational issues.

TRANSNATIONAL CRIMES

Transnational Crime
- are crimes that have actual or potential effect across national borders and
crimes which are intra-State but which offend fundamental values of the international.
- the word "transnational" describes crimes that are not only international (that
is, crimes that cross borders between countries), but crimes that by their nature involve
cross-border transference as an essential part of the criminal activity.
- transnational crimes also include crimes that take place in one country, but
their consequences significantly affect another country and transit countries may also be
involved.
- a crime perpetuated by organized criminal groups which the aim of
committing one or more serious crimes of offenses in order to obtain directly or
indirectly, a financial or other material benefits committed through crossing of borders
or jurisdictions.

A working definition of transnational crime.

- Crime that impacts on more than one jurisdiction. e.i. one country to another.

Adopted from the United Nations Convention on Transnational Organized

Crime.
- Committed by Organized criminal groups that have a home base in one state,
but cooperated in one or more host states where there are favorable market
opportunities.

Well known types:

- Drugs, economic, people smuggling, money
laundering, environmental.
What about:
- People trafficking, sea piracy, arms trafficking, precursor chemicals,
terrorism and the crimes that underpin or facilitated terrorism.
Crossing of borders by:
- People – criminals, fugitives and victims
- Things - commodities
- Intent – traffic, defraud, circumvent, etc.
With international recognition of the crime:
- conventions, treaties and laws

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Transnational Organized Crime

- involves the planning and execution of illicit business ventures by groups or

networks of individuals working in more than one country.
- these criminal groups use a systematic violence and corruption to achieve their
goals.

Organized crime
- is a combination of two or more person for the purpose of establishing by
terror, threat, intimidation or conception in the city or municipality or any community of
either monopoly or criminal activities in field that provides continuing financial support.

Criminal Syndicate
- an organized and relatively stable business which uses violence and threat
against competitors.

Criminal World
- refers to the social organization of criminals with its own social classes and
norms.

Historical Types of Transnational Crime

1. Slavery
- the submission to a dominating influence or the state of a person who is a
chattel of another.
Slave - a person held in servitude as the chattel of another.

2. Piracy
- is typically an act of robbery or criminal violence at sea. The term can include
acts committed on land, in the air, or in other major bodies of water or on a shore.
- It does not normally include crimes committed against persons traveling on the
same vessel as the perpetrator (e.g. one passenger stealing from others on the same
vessel).
- (Presidential Decree No. 532 (The Anti-Piracy and Anti-Highway Robbery
Law of 1974).

3. Opium Smuggling
Smuggling - the act of conveying or introducing surreptitiously or to import export
secretly contrary to law and especially without paying duties imposed by law.

Modern Types of Transnational Crime

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1. TERRORISM

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 - define as the unlawful use of force or violence against person or property to
intimidate or coerce a government, the civilian population, or any segment thereof, in
furtherance of political or social objectives. (FBI, 1997)
- the term terrorism comes from French “terrorisme”, from Latin: “terror” which
means “great fear”, “dread”, related to the Latin verb “terrere”, which means “to
frighten”.
- the use of the word first appeared in January 1975.
- the systematic use of terror, especially as a means of coercion. It refers only to
those acts which are:
1. Intended to create fear
2. Are perpetrated for ideological goal
3. Deliberately target non-combatants.
In November 2004, a United Nations Secretary General report described
terrorism
- As any act intended to cause death or serious bodily harm to civilians or non-
combatants with the purpose of intimidating a population or compelling a government or
an international organization to do or abstain from doing any act.

Characteristics of Terrorism:
1. Premeditated or Planned
2. Politically motivated
3. Aimed at civilians
4. Carried out by sub-national groups

Organized Crime Group (OCG) vs. Terrorism

- OCG are motivated by money
- Terrorists are motivated by ideology
a. terrorist may use:
1. weapons of mass destruction
2. threats to create fear
3. traditional weapons

Typology of Terrorism
1. Nationalist Terrorism
- seek to form a separate state of their own and frequently depict their activities
as a fight for liberation.
- the loyalty and devotion to a nation, and the national consciousness derived
from placing one nation’s culture and interest above those of other nations or groups.

2. Religious Terrorism
- pursue their own vision of the divine will and use violence intended to bring
about social and cultural changes.

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 - religiously inspired terrorism is on the rise, with a forty-three percent increase
of total international terror groups espousing religious motivation between 1980 and
1995. Religiously motivated terrorists see their objectives as holy writ, and therefore
infallible and non-negotiable.

3. State-Sponsored Terrorism

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 - deliberately used by radical states as foreign policy tools.

4. Left-Wing Terrorism
- seek to destroy economies based on free enterprise and to replace them with
socialist or communist economic system.
- these group seek to overthrow capitalist democracies and establish socialist or
communist governments in their place. They want to attack the established system in
order to do away with class distinction.

5. Right-Wing Terrorism
- motivated by fascist ideals and work toward the dissolution of democratic
governments.
- this type of terrorism aims to combat liberal governments and preserve
traditional social orders. Right wing terrorism is commonly characterized by militias
and gangs; many time these groups are racially motivated and aim to marginalize
minorities within a state.

6. Anarchist (Revolutionary) Terrorism

- are revolutionaries who seek to overthrow all established forms of
government.
- dedicated to the overthrow of an established order and replacing it with a new
political or social structure. Although often associated with communist political
ideologies, this is not always the case, and other political movements can advocate
revolutionary methods to achieve their goals.

7. Domestic Terrorism
- refers to the unlawful use of force or violence by a group or an individual who
is based and operates within a state.
- these terrorist are “home grown” and operate within and against their home
country. They are frequently tied to extreme social or political factions within a
particular society, and focus their efforts specifically on their nation’s socio-political
arena.

8. International Terrorism
- is the unlawful use of force or violence by a group or an individual who has
connection to a foreign power or whose activities transcend national boundaries against
person or property to intimidate or coerce a government.
- International groups typically operate in multiple countries, but retain a
geographic focus for their activities.

9. Cyber Terrorism

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 - is a form of terrorism that makes use of highly technology especially
computers, the internet and the World Wide Web, in the planning and carrying out
of terrorist attacks.

10. Pathological Terrorism

- this describes the use of terrorism by individuals who utilize such strategies
for the sheer joy of terrorizing others. Pathological terrorist often

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operate alone rather in groups like the others on the list and often are not true terrorist
as they lack any well-defined political motive.

11. Issue Oriented Terrorism

- this type of terrorism is carries out for the purpose of advancing a specific
issue. Commonly these issues are social in nature or deal with the environment. Here
this definition is used to include environmental terrorism.

12. Separatist Terrorism

- separatists seek to cause fragmentation within a country and established a new
state. This type of terrorism is typical of minorities within a nation-state that desire their
own, commonly due to discrimination from the majority group.

13. Narco-Terrorism
- this term originally refers to organizations that gain funds through the sale
of drugs. It can also deal with the use of violence by those groups or gangs designed to
make the sale of their drugs easier.

Human Security Act of 2007 (RA 9372)

- Policy (Sec. 2) – protect, liberty and property from acts of terrorism;
- Condemn terrorism as inimical and dangerous to the national security of the
country and to the welfare of the people;
- Make terrorism a crime against the Filipino people, against humanity and
against the law of nations.
- signed into law by Pres. Gloria Macapagal Arroyo and effective on July 2007,
officially aimed at tackling militants in the Southern Philippines, including Abu Sayyaf
Group, which has link to Al-Qaeda and has been blamed for bombings and kidnappings.
- The law took effect on 15 July 2007.

Terrorism (Sec. 3, RA 9372) three-part definition:

1. Predicate act
a. Piracy and mutiny on high seas (Art. 122)
b. Rebellion or insurrection (Art. 134)
c. Coup d’etat (Art. 134-A)
d. Murder (Art. 248)
e. Kidnapping and Serious Illegal Detention (Art. 267)
f. Arson (Art. 324*; PD 1613)
h. RA No. 6235 (Anti-Hijacking Law)
h. PD No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)
i. PD No. 1866 as amended by RA 8294 & 10592 (Illegal Possession of Firearms and
Ammunition)

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 2. Results/Consequences
- Thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace.
3. Objectives
- In order to coerce the government to give in to an unlawful demand.

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 Penalty – 40 years of imprisonment

Counterterrorism
- refers to the practices, tactics and strategies that governments, militaries
and other groups adopt in order to fight terrorism.
- that include the offensive measures taken to prevent, deter, preempt, and
respond to terrorism (NATO and US Military Operations).

Types of Counterterrorism:
1. Strategic Counterterrorism – deny resources, such as finances or base areas
to the terrorist. It will capture, kill, or convert terrorist leaders.
2. Tactical and Operational Counterterrorism – creation of elite units or
forces, whose role is to directly engage terrorists and prevent terrorist attacks.
They perform both in preventive actions, hostage rescue and responding to on-
going attacks.

Counter-Terrorist Groups
1. Australia – Tactical Assault Group (TAG) and Special Air
Service Regiment (SASR)
2. Germany – Grenzchutzgruppe-9 (GSG)
3. Israel – SayeretMat’kal (General Staff Reconnaissance Unit 269)
4. Netherlands – BijzondreBijstandEenheid (BBE)
5. Norway – ForsvaretsSpecialKommando (FSK) -
(Special Commando of the Defense)
6. Oman – Sultan’s Special Forces “Cobras”
7. United Kingdom (UK) – Special Air Service (SAS)
8. United States of America – Delta Force and Seal Team Six
9. Philippines – Special Action Force (PNP-SAF) and Special
Operations Group (PASCOM-SOG)

United Nation’s Counter-Terrorism Committee

- The CTC was established by Security Control resolution 1373, which
was adopted unanimously on Sept. 28, 2001 in the wake of the Sept. 11 terrorist
attack in the United States.
- The Committee, comprising all 15 Security Council Members.

United States of America’s National Counterterrorism Center (NCTC)

- Established by President Executive Order 133354 in August 2004 and

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 codified by the Intelligence Reform and Terrorism Prevention Act of 2004.

Philippine Center on Transnational Crime (PCTC)

- Created on January 15, 1999 by Executive Order No. 62 under the Office
of the President to formulate and implement a concerted of action of all law
enforcement, intelligence and other government agencies for the prevention and
control of transnational crime.

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